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2002 Supreme(SC) 72

S.S.M.QUADRI, SHIVARAJ V.PATIL, S.P.BHARUCHA, S.N.VARIAVA, N.S.HEGDE
Orissa Textile And Steel LTD. : Atmaram Saraougi: Indian Oxygen Karamchari Union: Indian Oxygen Karamchari Union: State Of U. P. : Rashtriya Jay Shree Tyres Karamchari Union: Sociedade De Fomento Industrial Private LTD. : Bombay Gas Public LTD. : Ka – Appellant
Versus
State Of Orissa: State Of Bihar: State Of U. P. : I. O. L. LTD. : Indian Oxygen LTD. : Industrial Tribunal (I) , Allahabad: Union Of India: State Of Maharashtra: State Of U. P. : Oswal Agro Furane Workers Union: Union Of India: Jay Shree Tea And Indus – Respondent


JUDGMENT

S.N. Variava, J.-In these Appeals and Writ Petitions the question for consideration, by this Bench, is the constitutional validity of Section 25-O of the Industrial Disputes Act, 1947. Section 25-O, as it now stands, was incorporated by the Amendment Act 46 of 1982. (for sake of convenience the said Section will hereinafter be referred to as the amended Section 25-O). In some of these matters the constitutional validity of Section 6-W of the U.P. Industrial Disputes Act is in question. Section 6-W is identical to amended Section 25-O. Even though in this Judgment reference is made only to Section 25-O, what is set out herein will equally apply to Section 6-W. For considering the constitutional validity of these Sections it is not necessary to note the facts in each case. Therefore the facts are not being set out.

2. In the case of Excel Wear Etc. v. Union of India & Ors. [1979(1) SCR 1009] a Constitution Bench struck down Section 25-O of the Industrial Disputes Act (as it then stood). Thereafter the constitutional validity of Section 25-N of the Industrial Disputes Act (as it then stood) was considered by a Constitution Bench in the case of Workmen v. Meenakshi Mill





























































































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